What is Consular Processing?
Consular processing is a stage in the U.S. immigration process for individuals who are applying for immigrant visas to the United States. It involves the review and adjudication of immigrant visa applications by a U.S. embassy or consulate in the applicant’s home country. Consular processing is typically required for individuals who are seeking to immigrate to the U.S. through family-sponsored or employment-based immigrant visa categories, as well as those who have won visas through the Diversity Visa (DV) lottery program.
Here’s how consular processing generally works:
- Visa Petition Approval: Before starting the consular processing stage, a U.S. citizen or lawful permanent resident family member, employer, or other qualified petitioner must first file a visa petition on behalf of the intending immigrant. This petition (such as Form I-130 for family-sponsored immigrants or Form I-140 for employment-based immigrants) establishes the basis for immigration and must be approved by U.S. Citizenship and Immigration Services (USCIS).
- National Visa Center (NVC) Processing: Once the visa petition is approved by USCIS, the case is usually forwarded to the National Visa Center (NVC). The NVC collects necessary fees and documentation, prepares the case for review by the U.S. embassy or consulate, and assigns a case number.
- Form DS-260: The intending immigrant must complete Form DS-260, the Online Immigrant Visa Application, through the Consular Electronic Application Center (CEAC) website. This form collects biographical information, background details, and other relevant information from the applicant.
- Submission of Supporting Documents: The applicant needs to gather and submit various supporting documents, such as passports, birth certificates, marriage certificates, police clearance certificates, medical examination results, and financial documents, depending on the visa category.
- Visa Interview: The U.S. embassy or consulate schedules a visa interview for the applicant. During the interview, a consular officer reviews the applicant’s case, conducts background checks, and assesses the applicant’s eligibility for the visa.
- Visa Adjudication: Based on the interview and the submitted documentation, the consular officer makes a decision on whether to issue the immigrant visa. If approved, the visa is placed in the applicant’s passport.
- Travel to the U.S.: With the immigrant visa issued, the applicant can travel to the United States. The visa is usually valid for a limited period, and the applicant must enter the U.S. within that validity window.
- Adjustment of Status (If Applicable): Once in the U.S., some immigrants may need to apply for adjustment of status to become lawful permanent residents (green card holders). This process is separate from consular processing and involves filing Form I-485.
Consular processing ensures that individuals meet the eligibility criteria for immigrant visas and that they receive proper scrutiny before being allowed to enter the U.S. as permanent residents. It’s important to note that the consular processing procedure and requirements can vary based on the visa category and the U.S. embassy or consulate where the application is being processed. Applicants should carefully review the specific instructions provided by the embassy or consulate and consult with legal professionals if needed.
Consular Processing steps
Consular processing involves several steps that individuals must follow to obtain an immigrant visa to the United States: https://bwea.com/consular-processing/
The process generally applies to individuals seeking to immigrate through family-sponsored or employment-based immigrant visa categories, as well as those who have won visas through the Diversity Visa (DV) lottery program. While the specific steps and requirements can vary based on individual circumstances and the U.S. embassy or consulate where the application is processed, here is a general overview of the consular processing steps:
- File Visa Petition:
- A U.S. citizen or lawful permanent resident family member, employer, or qualified petitioner files a visa petition on behalf of the intending immigrant with U.S. Citizenship and Immigration Services (USCIS). This establishes the basis for immigration.
- Visa Petition Approval:
- USCIS reviews the visa petition and, if approved, sends the case to the National Visa Center (NVC).
- Pay Fees and Submit Affidavit of Support:
- The NVC notifies the petitioner and the intending immigrant to pay required fees, such as the visa application fee and the Affidavit of Support fee (for family-sponsored immigrants).
- The petitioner may need to submit an Affidavit of Support (Form I-864) to demonstrate that the intending immigrant will not become a public charge in the U.S.
- Submit Civil Documents and Form DS-260:
- The intending immigrant submits civil documents (such as passports, birth certificates, marriage certificates) and completes Form DS-260, the Online Immigrant Visa Application, through the Consular Electronic Application Center (CEAC) website.
- Wait for NVC Processing:
- The NVC reviews the submitted documents and confirms that they are complete and accurate. Once the case is “documentarily qualified,” the NVC forwards the case to the appropriate U.S. embassy or consulate for visa interview scheduling.
- Schedule Visa Interview:
- The U.S. embassy or consulate schedules a visa interview for the intending immigrant. The applicant receives instructions on the interview date, required documentation, and medical examination.
- Attend Visa Interview:
- The intending immigrant attends the scheduled visa interview at the U.S. embassy or consulate. The consular officer reviews the case, conducts background checks, and assesses eligibility.
- Visa Adjudication:
- Based on the interview, supporting documents, and background checks, the consular officer makes a decision on whether to issue the immigrant visa.
- Receive Visa and Travel to U.S.:
- If the visa is approved, the immigrant visa is placed in the passport. The intending immigrant can travel to the U.S. within the visa’s validity period.
- Enter the U.S.:
- Upon arrival in the U.S., the immigrant is inspected by U.S. Customs and Border Protection (CBP) officers at a port of entry. The CBP officer determines whether the immigrant is admissible to the U.S.
- Apply for Green Card (If Applicable):
- After entering the U.S., some immigrants may need to apply for adjustment of status (Form I-485) to become lawful permanent residents (green card holders).
It’s important to note that the consular processing process can vary based on the visa category, the U.S. embassy or consulate where the application is being processed, and changes in immigration policies. Applicants should carefully follow the instructions provided by the U.S. embassy or consulate and consult with legal professionals if needed to ensure a smooth and successful consular processing experience.
